UAPA | Delhi High Court Refuses Default Bail To 'ISIS Member' Accused Of Procuring Arms, Radicalising Youth

The Delhi High Court yesterday denied default bail to a man accused of being an active member of the ISIS, procuring arms, ammunitions and explosives for the extremist armed group and radicalising impressionable youth.

A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar dismissed the appeal filed by Mohd. Rizwan Ashraf who was arrested in the UAPA case on October 01, 2023.

Ashraf had challenged the trial court orders extending his custody on various occasions. On February 24, 2024, the trial court extended his judicial custody by 25 days. On the same date, his default bail application was dismissed.

Ashraf's counsel submitted that the impugned orders were passed in a mechanical and perfunctory manner and did not indicate any individual assessment of his role.

It was also contended that the NIA failed to demonstrate why Ashraf's continued detention was necessary for the purpose of investigation.

Dismissing the appeal, the Bench observed that the trial court, while extending Ashraf's custody for 25 days, had meticulously dealt with the Public Prosecutor‟s Report and also recorded its satisfaction regarding the necessity of further investigation.

It said that the material on record indicated that the three accused, including Ashraf, were active members of the ISIS, were propagating the ideology of the ISIS and trying to recruit youth for furtherance of the objectives of ISIS in banned organisations.

The Court noted that apart from India, conspiracy was also being hatched in other countries and that explosive material was seized from Ashraf.

“This Court is satisfied that the Ld. Trial Court has applied its mind to the grounds which have been set forth. The Ld. Trial Court has categorically observed that the investigation progressed substantially during the extensions that had been granted by it and the investigation had not been stagnant. The order of the Ld. Trial Court extended custody not as a matter of routine but based on credible material outlining the investigative steps requiring completion,” the Court said.

It noted that the Public Prosecutor‟s Report indicated that at the time when extension of custody of Ashraf was sought, investigation was being conducted on a day to day basis and NIA was making concerted efforts to collect crucial evidence.

“This Court is therefore of the opinion that the Trial Court‟s order of detention of the Appellant is not mechanical in nature. The Appellant could not have been released on account of ongoing investigation as releasing them at a crucial stage would have impeded the investigation,” the Court said.

Counsel for Petitioner: Mr Abhinav Sekhri & Ms.Deeksha Dwivedi, Advs

Counsel for Respondent: Mr. Gautam Narayan, Sr. Adv., SSP along with Ms.Zeenat Malick Adv PP. Ms Asmita Singh, Mr Tushar Nair, Mr. Anirudh Anand, Mr Punishk Handa, Mr. Abheet Mangleek, Ms.Disha Joshi, Ms. Gunita Dandon

Title: MOHD RIZWAN ASHRAF v. NATIONAL INVESTIGATION AGENCY

Click here to read order